A judge in Washington ruled Monday that President Donald Trump’s use of the National Guard during Los Angeles immigration protests is illegal.
Judge Charles Breyer ruled Tuesday that Trump’s administration violated federal law by sending troops to accompany federal agents on immigration raids. The judge in Washington did not require the remaining troops to be withdrawn, however.
The order comes after California sued. The state said the troops sent to Los Angeles over the summer were violating a law that prohibits military enforcement of domestic laws. Lawyers for the Republican administration have argued the Posse Comitatus Act doesn’t apply because the troops were protecting federal officers, not enforcing laws. They say the troops were mobilized under an authority that allows the president to deploy them.
The decision comes as Trump has discussed National Guard deployments in Democratic-led cities like Chicago, Baltimore and New York. He has already deployed the Guard as part of his unprecedented law enforcement takeover in Washington, D.C., where the president has direct legal control.
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